WSR 09-23-051



[ Order 09-01 -- Filed November 10, 2009, 3:28 p.m. ]

Subject of Possible Rule Making: Chapter 173-400 WAC, General regulations for air pollution sources; specifically WAC 173-400-030, 173-400-035, 173-400-040, 173-400-050, 173-400-070, 173-400-075, 173-400-081, 173-400-091, 173-400-099, 173-400-102, 173-400-104, 173-400-105, 173-400-107, 173-400-110, 173-400-112, 173-400-113, 173-400-115, 173-400-116, 173-400-117, 173-400-120, 173-400-131, 173-400-136, 173-400-161, 173-400-171, 173-400-560, 173-400-700 through 173-400-750, creating two new sections WAC 173-400-036 and 173-400-111, and several new sections between WAC 173-400-800 and 173-400-890.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Washington Clean Air Act, RCW 70.94.151, 70.94.152, 70.94.155, 70.94.510.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This CR-101 lists two sections that were not listed in the previous filing. The intent of this addition is to improve the rule structure and make it easier to implement. The new sections are WAC 173-400-036 Nonroad engines and 173-400-111 Notice of construction procedures for sources and portable sources. Currently WAC 173-400-035 regulates both nonroad engines and portable sources. By establishing WAC 173-400-036 as a new section, this proposal makes a separate section for each subject. This structural change improves the rule readability and makes administration easier as there are substantial differences between nonroad engines and portable sources.

Currently WAC 173-400-110 covers both new source applicability and the new source permit process. This proposal divides the two topics [into] two sections, which makes the rule easier to implement.

This rule making has three focal points: Development of nonattainment area new source review (NSR) rules, correcting state implementation plan deficiencies, and general housekeeping.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: We will maintain an active dialog with the United States Environmental Protection Agency and local clean air agencies to ensure our proposals are consistant [consistent] with federal requirements.

Process for Developing New Rule: The proposed rule will be drafted internally by staff. The public will have the opportunity to comment on the proposed rule. At least one public hearing will be held. The proposed amendments will be posted on the agency web site, and provided to interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Todd, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-7528,; or Linda Whitcher, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6875,

November 9, 2009

Stuart A. Clark

Program Manager

Washington State Code Reviser's Office